Abstract
This chapter outlines the legal environment in Malaysia – the constitutional structure, the legal system and the court system. It contains a summary of the construction industry in Malaysia and discusses the impact of the Covid-19 pandemic on the execution of construction projects and the operation of construction contracts. Applicable legislation in Malaysia is identified for three situations: (1) the governing law is that of the jurisdiction, (2) the Site/Country is in the jurisdiction and (3) the ‘seat’ of the dispute determination is the jurisdiction. The specific requirements of applicable legislation in Malaysia are used to identify what Particular Conditions are necessary or desirable for consistency with applicable laws for the above three situations when executing a FIDIC contract. Issues that a court or arbitrator may construe differently to that expected from the words of the contract because of local law or custom are identified.
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